or wages of persons employed by them, and for the labor done and materials provided in the prosecution of the work; which orders shall be cutercd on the minute book, and shall be signed by the president, or in his absence the chairman; and generally to do all such other acts and things as by the by-laws and regulations of the company shall be committed to them.

their

instal

8. Be it further enacted, That if any stockholder, whether original subscriber or assignee, in regard to Regulations after thirty days notice in any newspaper printed subscribers in Louisville, of the time appointed for the pay-failing to pay ment of any proportion or instalment of said cap- ments. ital stock, shall neglect to pay such proportion for the space of thirty days after the time appointed for the payment thereof, every such stockholder shall, in addition to the instalment so calJed for, pay at the rate of five per centum per month for every delay of such payment; and if the same and the additional penalty shall remain unpaid for such space of time as that the accumulated penalty shall become equal to the sum before paid in part, and on account of such share, the same shall be forfeited by and to the said company, at any public meeting thereof, and may be by them sold again; or in default of payment by any stockholder, of any instalment as aforesaid, the said president and managers may at their election cause suit to be brought in any court having competent jurisdiction, for the recovery of the same, together with the penalty as aforesaid, or before a justice of the peace, as the case may be. But no stockholder, whether original subscriber or assignee, shall be entitled to vote at any election, or at any general or special meeting of the said company, until the whole sum due and payable as aforesaid on the share or shares by him held at the time of such election or meeting of said company shall have been fully paid and discharged as aforesaid.

9. Be it further enacted, That it shall be the To make duty of the said president and managers and turnpike road company to cause a road to be made from Louis- from Louisville to Portland, on the Portland Avenue," ville to Portninety feet in width; of which ninety feet the

land.

Manner of said president, managers and company shall be constructing bound to make an artificial road at least twentyit, &c. six feet wide, of firm, compact and substantial materials, composed of gravel, pounded stone, or other small hard substances, in such manner as to secure a good foundation and an even surface, as far as the materials will admit, and forever hereafter to maintain and keep the same in good repair: Provided, that no toll be demanded or taken from any person going to or returning from public worship or a funeral, or from militia men attending training or courts martial, or from electors attending on days of general elections, going to or returning from the same.

Proviso.

Upon

governor.

Governor

cense to fix

lect tolls.

as

§ 10. Be it further enacted, That as soon com- the said president, managers and company shall pletion of the have perfected the said turnpike road from Louroad, to give notice to the isville to Portland, they shall give notice thereof to the governor of this commonwealth, who shall thereupon forthwith nominate and appoint three Who is to appoint viewers judicious and disinterested persons to view and examine the same, and report to him whether the road is executed in a complete and workmanlike manner, according to the true intent and meaning of this act; and if their report shall be in the may grant li- affirmative, then the governor shall, by license gates and col- under his hand and the seal of the commonwealth, permit the said president, managers and company to erect and fix so many gates or turnpikes upon and across the said road as will be necessary and sufficient to collect the tolls and duties hereinafter granted to the said company, from all persons travelling on the same with horses, cattle or carriages: Provided always, that no gate shall be erected nor toll demanded from any person or persons travelling said road until after the license aforesaid shall have been granted, under a penalty of ten dollars, to be recovered as debts of the same amount are recoverable, for every such offence; which penalty, when recovered, shall be paid to the clerk of the county court of Jefferson county, and be applied towards lessening the county levy.

Proviso.

11. Be it further enacted, That when the said President & company shall have perfected the said road and

managersmay

shall have obtained a license as aforesaid from the appoint tollgovernor, it shall and may be lawful for them to gatherers. appoint such toll-gatherers as they may think proper, to collect and receive from all persons using the said road the tolls and rates hereinafter mentioned, and to stop any person riding, leading or driving any horse or mule, or driving any cattle, hogs, sheep, sulky, chair, chaise, pheton, cart, waggon, sled or other carriage of burden or pleasure, from passing through the said gates or turnpikes until they shall have paid respectively the same; that is to say, for the use of The Rates of toll. said road the whole distance from Louisville to Portland the following sums of money; and for any distance less than the whole road half price: For every twenty head of sheep or hogs, three and a half cents, and in the same propertion for a greater or less number; for every ten head of cattle, three and a half cents, and in the same proportion for a greater or less number; for every horse or mule laden or unladen with rider or leader, two cents; for every sulky, chair, chaise, with one horse and two wheels, four and a half cents, and with two horses, six and one fourth cents; for every chair, coach, carriage, phæcton, chaise, stage, waggon, coachee or light waggon, with two horses and four wheels, eight cents for either of the carriages last mentioned with four horses, twelve and a half cents; for every other carriage of pleasure, under whatever name it may go, the like sums, according to the number of wheels and of horses drawing the same; for every sleigh or sled, two cents for every horse drawing the same; for every cart or waggon, the wheels of which shall exceed in breadth three inches, and not exceed six inches, two and one half cents for each horse drawing the same; and for every cart or waggon, the wheels of which shall exceed in breadth six inches, two cents for each horse drawing the same; and when any such carriage shall be drawn by oxen or mules in the whole or in part, two oxen shall be estimated as equal to one horse, and every mulo as equal to one horse in charging the aforesaid tolls.

$12. Be it further enacted, That if any perPenalty for e- son owning, riding in or driving any carriage of vading pay- burthen or pleasure as aforesaid, or owning,

ment of toll.

driving or leading any horse or mule, or driving any hogs, sheep or cattle as aforesaid, shall, with intent to defraud the said company, or to evade the payment of any of the tolls or duties aforesaid, pass through any private gate or bars, or along or over any private passage way, or along or over any other ground or land near to or adjoining any turnpike or gate which shall be erected in pursuance of this act; or if any person or persons shall, with the intent aforesaid, take off, or cause to be taken off, any horse or other beast, or cattle of draught or burthen from any carriage of burthen or pleasure, or shall practise any other fraudulent means or device with intent to lessen or evade the payment of any such toll or duty, all and every such person or persons offending in manner aforesaid, shall for eve ry such offence respectively, forfeit and pay to the president, managers and company of the Louisville and Portland turnpike road the sum of ten dollars, to be sued for and recovered with costs of How recover- suit, before any justice of the peace where the ed & applied. offender may be found, and subject to the same rules and regulations as debts of equal amount are or may be by law.

the road is

§ 13. Be it further enacted, That if the said Shall not de- company shall neglect to keep the said road mand or re- in good repair for the space of ten days, ceive toll, if and information thereof shall be given to any out of repair. two justices of the peace for Jefferson county, such justices shall issue a precept, to be directed to any constable, commanding him to summon five judicious and disinterested free-holders, to be named by said justices, to meet at a certain time at the place in the said road which is complained of, of which meeting notice shall be given to a keeper of a gate or turnpike; and the said justices shall at such time and place, by the oaths or affirmations of the said free-holders, enquire whether the said road, or any part thereof, is in such good repair as aforesaid, and shall cause an inquisition to be made under their hands and

The fact how ascertained,

&c.

ed.

seals, and under the hands and seals of the said free-holders; and if the said road shall be found by the said inquisition to be out of repair, contrary to the true intent and meaning of this act, they shall so certify, and send one copy of the said inquisition to the keeper or keepers of the turnpikes or gates; and from thenceforth the tolls hereby granted shall cease to be demanded, paid or collected, until it shall have been certified by the said freeholders, or a majority of them, that the said defective part or parts of the said road have been put in good order and repair as aforesaid; and if any of the keepers of the gates Penalty on shall take or attempt to exact tolls, for any part gate-keepers of the said turnpike, from any traveller, during toll when the demanding the time the road shall continue out of repair, road is out of such keeper shall forfeit and pay to the person repair. who shall prosecute for the same, the sum of five dollars for each offence, to be recovered before How recoverany justice of the peace, as debts of equal amount may be recovered; but if the said road shall not be put in good repair before the next ensuing circuit court for Jefferson county, the said justices shall certify and send a copy of the said inquisition to the clerk of the said court, and the Duty of the Court shall thereupon cause process to issue, and Jefferson cirbring in the body or bodies of the persons entrust- cuit court, in ed by the company with the care and superin- regard to said tendance of the road found defective as aforesaid, and shall in a summary way enquire into the May impose fact, and enter up a judgment according to the fines on the nature of the case, the aggravation and neglect keepers and as aforesaid, as the said court in their discretion superintendshall judge proper: Provided, the fine in no in- road. stance shall be less than twenty, nor exceed one hundred dollars; and the fines so imposed shall be recovered in the same manner as other fines against the said company, and be paid over and go towards lessening the county levy of Jefferson county.

road.

ants of the

of toll."

§14. Be it further enacted, That it shall be Gate-keepers the duty of the gate-keeper or keepers to fix up to fix up rates at each turnpike or gate, a printed list of the rates of toll allowed by this act, for the inspection of such persons as may travel the said road; and if